Roland v. State, 192 So. 602 (Fla. 1939). · Go Syfert
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Roland v. State, 192 So. 602 (Fla. 1939). Cases Citing This Book View Copy Cite
23 citation events (1 in the last 25 years) across 7 distinct courts.
Strongest positive: Goldman v. Campbell (fladistctapp, 2006-03-01)
Treatment trajectory · 1951 → 2026 · click a year to view as-of
1951 1988 2026
Top citers, strongest first. 5 distinct citers.
discussed Cited as authority (rule) Goldman v. Campbell
Fla. Dist. Ct. App. · 2006 · confidence medium
See P.A.G. v. A.F., 602 So.2d 1259, 1260 (Fla.1992); Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145, 1147-48 (Fla.1985); Main v. Benjamin Foster Co., 141 Fla. 91 , 192 So. 602, 604 (1939); Brite v. Orange *1271 Belt Securities Co., 133 Fla. 266 , 182 So. 892 (1938).
discussed Cited as authority (rule) TGI Friday's, Inc. v. Dvorak
Fla. · 1995 · confidence medium
There is a long-standing adherence in Florida law to the "American Rule" that attorney fees may be awarded by a court only when authorized by statute or agreement of the parties. [5] See P.A.G. v. A.F., 602 So.2d 1259 , *615 1260 (Fla. 1992); Rowe, 472 So.2d at 1147-48; Main v. Benjamin Foster Co., 141 Fla. 91 , 192 So. 602, 604 (1939); Brite v. Orange Belt Securities Co., 133 Fla. 266 , 182 So. 892 (1938).
discussed Cited "see" Silber v. Cn'R IND. OF JACKSONVILLE
Fla. Dist. Ct. App. · 1988 · signal: see · confidence high
See Main v. Benjamin Foster Co., 141 Fla. 91 , 192 So. 602 (1939) (upon failure of appellee to accept remittitur for improperly assessed attorney's fee as directed by appellate court, the judgment should stand reversed); cf. St.
cited Cited "see" The First National Bank of Miami v. Insurance Company of North America
1st Cir. · 1976 · signal: see · confidence high
See Main v. Benjamin Foster Co., 141 Fla. 91 , 192 So. 602 , 126 A.L.R. 1434 (1939); Phoenix Indemnity Co. v. Union Finance Co., Fla. 1951, 54 So.2d 188 . 221 So.2d at 21 [emphasis added].
cited Cited "see" United Bonding Insurance Co. v. Inter National Bank of Miami
Fla. Dist. Ct. App. · 1969 · signal: see · confidence high
See Main v. Benjamin Foster Co., 141 Fla. 91 , 192 So. 602 , 126 A.L.R. 1434 (1939); Phoenix Indemnity Co. v. Union Finance Co., Fla.1951, 54 So.2d 188 .
Percy Roland
v.
State.
Supreme Court of Florida.
Nov 17, 1939.
192 So. 602
G.C. Durrance, for Plaintiff in Error; Cary D. Landis, Attorney General, and Tyrus A. Norwood, Assistant Attorney General, for Defendant in Error.
Terrell, Buford, Thomas, Brown, Whitfield, Chapman, Compiled, Laws, Rules.
Cited by 1 opinion  |  Published
Per Curiam. —

Plaintiff in error was tried and convicted of manslaughter, that is to say, for killing Ferdin Weather-bee by striking- him while driving an automobile in a grossly careless and reckless manner. He was sentenced to serve three years in the State penitentiary and seeks relief from that judgment by writ of error.

The sole question relied on for reversal is the sufficiency of the evidence to sustain the judgment.

The evidence is circumstantial but it shows that deceased was struck about five-thirty P. M. March 11, 1935, while walking on the shoulder of the road leading from Indian Town to Jupiter. He was struck by an old model Chevrolet sedan with a red rusty top which was identified at the scene of the accident or near it and several times along the road as it sped away from where deceased was killed.

Plaintiff in error was identified as the driver of the car immediately after the accident, about three miles from it. There was but one eye witness to the accident but she did not recognize the parties in the car. The defendant did not take the stand and did not offer any evidence in his behalf.

[*693] The evidence is without conflict and points so strongly to defendant’s guilt we do not feel inclined to disturb the judgment. Houston v. State, 50 Fla. 90, 39 So. 469; Mayse v. State, 38 Okla. Crim. 144, 259 Pac. 277; State v. Durham, 201 N. C. 724, 161 S. E. 398.

Affirmed.

Terrell, C. J., and Buford and Thomas, J. J., concur. Brown, J., concurs in opinion and judgment. Justices Whitfield and Chapman not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.